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From time to time there are minor amendments to NT legislation which do not justify preparation of individual Amendment Bills but which are more substantial than the types of housekeeping amendments eligible for inclusion in Statute Law Revision Bills. There is currently no mechanism in the NT to deal with such amendments and therefore these various amendments have been incorporated into one Bill, to be known as a Statute Law (Miscellaneous Provisions) Bill (SLMP Bill).
NOTES ON CLAUSES
Part 1 Preliminary matters
Clause 1. Short Title
This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Statute Law (Miscellaneous Provisions) Act 2011.
Clause 2. Commencement
This is a formal clause which provides that the Act will commence on the day fixed by the Administrator.
Clause 3. Use of explanatory notes
This clause explains that explanatory notes do not form part of the Act. Due to the miscellaneous nature of amendments contained in the Bill, a number of explanatory notes are used throughout the Bill. The explanatory notes are used in to explain amendments and if the explanatory note explains an amendment it will not appear in the reprint.
Part 2 Amendment of legislation administered by Chief Minister
Clause 4. Act amended
This is a formal clause which specifies that this Part will amend the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act (the AMSORE Act).
Clause 5. Section 9 amended
This clause amends subsection 9(4), which gives the Administrator power to determine the classification structure for statutory bodies. This clause inserts a note after subsection 9(4) which refers the reader to section 10A. The insertion of this note refers the reader to the new section 10A which will allow existing Ministerial classification decisions to continue to apply to a statutory body even though a new classification determination is made until the responsible Minister makes a further decision that is relevant to the statutory body.
Clause 6. Section 10 amended
This clause amends subsection 10(1), which provides the responsible Minister for a statutory body must, in accordance with the Administrator's determination, decide the class of statutory bodies to which the body belongs and the amount of the entitlement where appropriate. This clause amends subsection 10(1) by omitting ‘must’ and inserting ‘may’. The amendment to subsection 10(1) and the insertion of section 10A will in conjunction allow an existing Ministerial classification decision to continue to apply to a statutory body even though a new classification determination is made until the responsible Minister makes a further decision that is relevant to the statutory body.
Clause 7. Section 10A inserted
This clause inserts section 10A into the AMSORE Act, which relates to the continuation of a decision under section 10. Section 9 of the AMSORE Act provides that the Administrator may determine a classification structure for statutory bodies. Section 10 of the Act provides the responsible Minister for a statutory body must, in accordance with the Administrator's determination, decide the class of statutory bodies to which the body belongs and the amount of the entitlement where appropriate. Sections 9 and 10 have resulted in Ministers being required to remake decisions on each occasion the Administrator makes a new classification determination even if the new classification determination does not impact on a statutory body. For most new determinations only the remuneration rates will be varied. The current arrangements create a significant and unintended administrative workload for Ministers and agencies. The insertion of section 10A is intended to reduce the administrative workload for Minister and agencies.
Inserting section 10A allows an existing Ministerial classification decision to continue to apply to a statutory body even though a new classification determination is made until the responsible Minister makes a further decision that is relevant to the statutory body. The subsections of section 10A provide as follows:
· Subsection 10A(1) specifies the situations to which section 10A applies. Subsection 10A(1)(a) specifies that section 10A applies if a classification determination (the applying determination) mentioned in section 9(4) has effect in relation to the body because a decision, that applies to the body, has taken effect under section 10 (the applying decision). Subsection 10A(1)(b) specifies that section 10A applies if after the determination has effect in relation to the body, the applying determination is amended by further classification determination or replaced by another classification determination (the result of either the amendment or the replacement being a new determination).
· Subsection 10A(2) provides that subject to subsection 10A(3), after a new determination is made but until it takes effect in relation to the statutory body as mentioned in section 9(4), the applying determination and applying decision continue to have effect in relation to the body.
· Subsection 10A(3) provides that if the new determination increases the amount of the entitlement as mentioned in section 9(2)(a) for the class of statutory bodies to which the statutory body belongs under the applying decision, the change of the amount (as specified in the new determination) takes effect in relation to the body on the starting date for the new determination despite section 9(4).
· Subsection 10A(4) provides the starting date for a new determination under subsection 10A(3). Subsection 10(4)(a) specifies that the starting date for a new determination is the date specified in the new determination as the date the new determination is to start operating in relation to statutory bodies that are already the subject of an applying decision. Alternatively subsection 10(4)(b) specifies that the starting date for a new determination, where no starting date is specified under subsection 10(4)(a) is the date the new determination is made.
· Subsection 10A(5) clarifies that subsection 10A(2) and (3) apply even if the new determination also changes other matters in the applying determination.
Clause 8. Section 20 amended
This clause amends section 20 of the AMSORE Act, which pertains to determinations made by the Remuneration Tribunal. The Remuneration Tribunal determines entitlement and sometimes leaves certain matters to be decided, endorsed or approved by another person, for instance an officer holder such as the Speaker. The amendment expressly provides for a certain level of detail to be determined by an officer holder rather than the Tribunal to ensure a sufficiently flexible arrangement. For instance the Speaker may give approval for a Member to hire a car rather than travel by air for the purposes of utilising their interstate travel entitlement. The amendment made to section 20 by this clause gives effect to the aims of allowing flexible arrangements for an officer holder such as the Speaker to exercise a delegated power of the Remuneration Tribunal.
(1) This sub-clause makes a minor statute law revision type amendment to improve the readability of the legislation.
(2) This sub-clause inserts subsection 20(2). Subsection 20(2)(a) specifies that a determination by the Tribunal under this Act may provide for matters to be decided by a person specified in the determination including: an administrative matter; or an alternative to an entitlement because of special circumstances, to avoid hardship or for another reason specified in the determination. Subsection 20(2)(b) provides that a determination by the Tribunal may also provide for an entitlement to be subject to approval by, or notice to, a specified person (however the approval or notice is described in the determination).
Part 3 Amendment of legislation administered by Minister for Justice and Attorney-General
Division 1 Amendment of Absconding Debtors Act
Clause 9. Act amended.
This is a formal clause which specifies that this Division will amend the Absconding Debtors Act.
Clause 10. Part 1 heading inserted
This clause inserts a heading ‘Part 1 Preliminary matters’ before section 1 of the Absconding Debtors Act. When the Absconding Debtors Act was enacted in 1978, it included a Part I heading but the Part heading did not appear in reprints of the Act. Subsequent amendment Acts have been checked and the heading was not omitted so its absence appears to be an editorial oversight. Accordingly, insertion by amendment is considered the best way to normalise the situation.
Division 2 Amendment of Associations Act
Clause 11. Act amended
This is a formal clause which specifies that this Division will amend the Associations Act.
Clause 12. Section 4 amended
This clause amends section 4, which pertains to definitions in the Associations Act. This clause amends the definition of ‘accountants body’ by removing the reference to outdated terminology ‘National Institute of Accountants’ and inserting a reference to ‘Institute of Public Accountants’. This amendment provides for a change of name to the Institute.
Clause 13. Act amended
This clause amends section 110, which pertains to dealings with prescribed property. The Aboriginal Councils and Associations Act 1976 (Cth) was repealed by the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (Cth). The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), generally speaking, replaced the repealed Aboriginal Councils and Associations Act 1976 and uses the term "Aboriginal and Torres Strait Islander corporation". Clause 13 makes changes to reflect the terminology in the current Commonwealth legislation. Other minor amendments to this section are included in the Schedule.
(1) This subclause amends subsection 110(6)(c), 110(6)(d) and 110(8)(d) by omitting the words ‘an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976 of the Commonwealth’ and inserting the words ‘an Aboriginal and Torres Strait Islander corporation’.
(2) This subclause amends subsections 110(6)(d) and 110(8)(c) by omitting the words ‘the Aboriginal corporation’ and inserting the words ‘the Aboriginal and Torres Strait Islander corporation’.
(3) This subclause amends subsection 110(7) by omitting the words ‘An Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976 of the Commonwealth’ and inserting the words ‘An Aboriginal and Torres Strait Islander corporation’.
(4) This subclause amends subsection 110(8)(c) by omitting the words ‘,an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976 of the Commonwealth’ and inserting the words ‘or an Aboriginal or Torres Strait Islander corporation’.
(5) This subclause inserts a new subsection after subsection 110(13) which provides a definition of ‘Aboriginal and Torres Strait Islander corporation’ by referring the reader to section 16-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).
Division 3 Amendment of Interpretation Act
Clause 14. Act amended
This is a formal clause which specifies that this Division will amend the Interpretation Act.
Clause 15. Section 17 amended
This clause amends section 17, which pertains to definitions in the Interpretation Act. This clause amends the definition of ‘insert’, which is defined as ‘in relation to a provision, includes substitute’. This amendment supports a change to current legislative drafting practice that is designed to simplify the form of amending legislation.
Clause 16. Section 23A inserted
This clause inserts section 23A into the Interpretation Act, which guides interpretation of defined words in Acts and references in other legislation. The subsections of section 23A provide as follows:
· Subsection 23A(1) specifies that this sections applies to a word or term defined in a particular way in an Act if the spelling of the word is no longer consistent with current legislative drafting style.
· Subsection 23A(2) clarifies that in subordinate legislation made by that Act or in other Acts or subordinate legislation, the word may be spelt in accordance with current legislative drafting style and the idea expressed must not be taken to be different merely because of the spelling.
· Note for subsection 23A provides an example of the application of section 23A, if an Act uses or defines the term ‘authorized officer‘ or ‘authorized person’, then in the subordinate legislation made under the Act ‘authorized’ may be spelt as ‘authorised’ without changing the meaning relating to the word’s usage.
This clause supports the change from the previous drafting style at or about the time of self-government when words such as ‘authorized’ and “jeopardized” used a “z”. The form of spelling is inconsistent with the current legislative drafting style and is being directly amended. However some references exist as defined terms and impact on subordinate legislation. This amendment will allow the subordinate legislation to be made with spelling in accordance with current legislative drafting style without affecting the meaning of the word or term.
Division 4 Amendment of Summary Offences Act
Clause 17. Act amended
This is a formal clause which specifies that this Division will amend the Summary Offences Act.
Clause 18. Section 47AB amended
This clause amends section 47AB of the Summary Offences Act, which pertains to threatening violence. This clause makes minor formatting amendments to section 47AB in order to improve the readability of the legislation. Section 47AB of the Summary Offences Act was inserted into the Act by Act No. 65 of 1983 and included two paragraphs, specifically paragraphs (a) and (b). By amendment Act No. 7 of 1996, the section was amended "by omitting paragraph (b)" so the remainder of the section included a single paragraph. This amendment normalises the wording of the section but does not change the policy of the section.
Part 4 Amendment of legislation administered by Minister for Health
Division 1 Amendment to the Food Act
Clause 19. Act amended
This is a formal clause which specifies that this Division will amend the Food Act.
Clause 20. Section 74 amended
This clause amends section 74 of the Food Act, which pertains to the term of registration of a food business. Currently, section 74 of the Food Act provides that registration of a food business (including renewed registration (section 75), remains in force until 1 July immediately after the date the Chief Health Officer registers the food business (or renews registration of the food business), or until it is cancelled under section 79 of the Food Act. This clause omits subsection 74(a) which provides that a renewed registration remains in force until 1 July immediately after the date the Chief Health Officer registers the food business or renews the registration of the food business. This clause inserts a new subsection 74(a) which specifies that a renewed registration remains in force until the date specified in the written notice under section 72(2) or until 1 July immediately after the date the Chief Health Officer registers or renews the registration of the food business.
The replacement of sub-section 74(a) allows for renewed registration to expire on a date specified in the written notice, rather than all renewals of registrations expiring on 1 July. The Department of Health advises that the current provision creates a heavy workload around 1 July each year, and that this has caused difficulties from an operational perspective. The change will allow different dates for the end of registration of different food businesses.
Clause 21. Section 83 replaced
This clause replaces section 83 of the Food Act, which pertains to notification of the Chief Health Officer of the sale or disposal of a food business. Section 83 is replaced to clarify that the penalty relates to a failure to give notice as required by subsection 83(1). As part of normalising the provision, use of an approved form has been included. The subsection of section 83 provide as follows:
· Subsection 83(1) outlines an offence in relation to selling or disposing of a registered food business without notifying the Chief Health Officer. This clause makes minor amendments to section 83 by formatting the subsection in a manner which clarifies the content of the provision and improves the readability of the legislations. This clause re-formats subsection 83(1) to clarify that the penalty relates to a failure to give notice as required by subsection (1) but does not change the policy of the section.
· Subsection 83(2) provides that notice of a sale or disposal of a registered food business must be in the approved form. As part of normalising the provision, use of an approved form has been included.
Division 2 Amendment of Poison and Dangerous Drugs Act
Clause 22. Act amended
This is a formal clause which specifies that this Division will amend the Poisons and Dangerous Drugs Act.
Clause 23. Section 6 amended
This clause amends section 6, which pertains to definitions in the Poisons and Dangerous Drugs Act. This clause omits a definition in section 6(1) for the acronym ‘SUSDP’ which stands for ‘Standard for the Uniform Scheduling of Drugs and Poisons’. This clause inserts a definition in section 6(1) for the acronym ‘SUSMP’ which stands for ‘Standard for the Uniform Scheduling of Medicines and Poisons’. The amendment updates a definition to the document made under the relevant provision of the Commonwealth legislation as that document is in force from time to time.
Clause 24. Section 6A amended
This clause amends section 6A of the Poisons and Dangerous Drugs Act, which pertains to the application of the SUSDP.
(1) This sub-clause amends the section 6A heading to omit the acronym ‘SUSDP’ and replace it with ‘SUSMP’.
(2) This sub-clause amends subsection 6A(1) and (4) by omitting all references to ‘SUSDP’ and replacing these with references to ‘SUSMP’.
The amendments to section 6A update the section so it uses the newly defined acronym SUSMP. Similar amendments of the Regulations are included in the Schedule.
Part 5 Amendment of legislation administered by Minister for Natural Resources, Environment and Heritage
Clause 25. Act amended
This is a formal clause which specifies that this Part will amend the Environment Protection (Beverage Containers and Plastic Bags) Act.
Clause 26. Section 4 amended
This clause amends section 4, which pertains to definitions in the Environment Protection (Beverage Containers and Plastic Bags) Act.
(1) This subclause amends section 4 definition of ‘corresponding law’ to correct a structural defect in the definition. This amendment corrects a minor structural defect in the definition of ‘corresponding law’ it normalises the definition but does not change the policy intent.
(2) This subclause amends the note in the section 4 definition of ‘regulated container’ by replacing ‘exclude’ with ‘exempt’. As the heading of section 9 of the Act provides for an ‘exemption’ rather than an ‘exclusion’, of containers from the application of the Act, this clause makes minor changes to the note in section 4 for consistency with section 9.
Part 6 Miscellaneous matters
Clause 27. Other laws amended
This clause outlines that the Schedule amends the laws mentioned in it. The Schedule amends Acts (some of which are also amended in other Parts) and Regulations in minor ways including to correct references. The Schedule amends: the Absconding Debtors Act, the Associations Act, the Care and Protection of Children Act, the Darwin Port Corporation Act, the Liquor Act, the Marine Act, the Mineral Titles Act 2011, the Poisons and Dangerous Drugs Regulations, the Unit Title Schemes (Management Modules) Regulations and the Unit Title (Management Modules) Regulations. It should be noted there are different commencement dates for different pieces of legislation amended by this Act, including the Darwin Port Corporation Act, the Marine Act and the Mineral Titles Act. This commencement provisions in this Act therefore operate subject to section 6B(b) of the Interpretation Act.
Clause 28. Other laws amended
This is a formal clause which specifies that the Act expires the day after it commences.
Schedule Other laws amended
Absconding Debtors Act
The amendments of the Absconding Debtors Act in the Schedule are in the nature of statute law revision amendments in that they are minor amendments that are not meant to change the meaning of that Act. The purposes of these amendments are so the Act, when amended, will be easier for a reader to understand and consistency with other Acts will enable greater understanding. The amendments of the Absconding Debtors Act include the following:
· removal of redundant statements because of section 18 of the Interpretation Act such as "unless the contrary intention appears"
· change of language from "member of the Police Force" to "police officer" as defined in section 17 of the Interpretation Act
· omission of unnecessary words so that phrases such as 'for the purpose of this Act' may be shortened to 'for this Act' and "in any other case" may be shortened to "otherwise"
· inclusion of missing conjunctions ("and" or "or") so that paragraphs and subparagraphs do not rely on what is referred to as the penultimate conjunction and the use of a semi-colon, and not just a comma, when a further statement at the foot of a group of paragraphs and subparagraphs applies to all of them
· abandonment of Roman numbering for Part headings so "Part II" is changed to "Part 2"
· abandonment of use of "shall" to the more Plain English word "must" (in most cases)
· gender inclusive or neutral language
· abandonment or change to shorter words such as "despite" or "even though" in place of words considered to be legalese such as "notwithstanding", "thereto" and "thereafter".
Associations Act
The amendments of the Associations Act in the Schedule are in the nature of statute law revision amendments in that they are minor amendments that are not meant to change the meaning of that Act. The purposes of these amendments are so the Act, when amended, will be easier for a reader to understand and consistency with other Acts will enable greater understanding.
The amendments of the Associations Act include the following:
· removal of redundant statements because of section 18 of the Interpretation Act such as "unless the contrary intention appears"
· omission of unnecessary words so that phrases such as 'for the purpose of this Act' may be shortened to 'for this Act'
· inclusion of missing conjunctions ("and" or "or") so that paragraphs and subparagraphs do not rely on what is referred to as the penultimate conjunction and the use of a semi-colon, and not just a comma, when a further statement at the foot of a group of paragraphs and subparagraphs applies to all of them.
The amendments of the Care and Protection of Children Act in the Schedule correct a cross reference to another provision of the Care and Protection of Children Act.
Darwin Port Corporation Act
This amendment of the Darwin Port Corporation Act removes unnecessary words that should have been removed when section 16 of the Darwin Port Corporation Act was amended by section 5 of the Darwin Port Corporation Legislation Amendment Act 2011.
Liquor Act
The amendments of the Liquor Act in the Schedule are in the nature of statute law revision amendments in that they are minor amendments that are not meant to change the meaning of that Act. The amendments of the Liquor Act are an omission of an unnecessary word remaining in section 56(1)(a), and ensuring the correct punctuation appears in section 106DB, before paragraph (b), after those provision were amended by the Alcohol Reform (Liquor Legislation Amendment) Act 2011.
Marine Act
This amendment to the Marine Act in the Schedule fixes an unnecessary repetition of words that arose after section 84 of the Marine Act was amended by Schedule 2 of the Darwin Port Corporation Legislation Amendment Act 2011.
Mineral Titles Act
The amendments to the Mineral Titles Act in the Schedule are in the nature of statute law revision amendments in that they are minor amendments that are not meant to change the meaning of that Act. The amendments correct a cross references to other provisions of the Mineral Titles Act.
Poisons and Dangerous Drugs Regulations
Clause 23 amends section 6 of the Poisons and Dangerous Drugs Act, which pertains to definitions in the Poisons and Dangerous Drugs Act. This clause updates a definition in section 6(1) for the acronym ‘SUSDP’ which stands for ‘Standard for the Uniform Scheduling of Drugs and Poisons’. This clause inserts a definition in section 6(1) for the acronym ‘SUSMP’ which stands for ‘Standard for the Uniform Scheduling of Medicines and Poisons’. The amendment updates a definition to the document made under the relevant provision of the Commonwealth legislation as that document is in force from time to time.
The amendments to the Poisons and Dangerous Drugs Regulations contained in the Schedule make harmonising amendments to update references to terminology referred to in clause 23. It is not usual practice to include amendments to regulations as part of a Bill, however for expediency and harmonisation purposes it was considered appropriate to update the regulations at the same time as the Poisons and Dangerous Drugs Act.
Unit Title Schemes (Management Modules) Regulations
The amendments to the Unit Title Schemes (Management Modules) Regulations in the Schedule updating reference to outdated terminology ‘National Institute of Accountants’ and inserting a reference to ‘Institute of Public Accountants’. This amendment provides for a change of name to the Institute. It is not usual practice to include amendments to regulations as part of a Bill, however for expediency purposes it was considered appropriate to update references to outdated terminology in the Unit Title Schemes (Management Modules) Regulations.
Unit Titles (Management Modules) Regulations
The amendments to the Unit Titles (Management Modules) Regulations in the Schedule updating reference to outdated terminology ‘National Institute of Accountants’ and inserting a reference to ‘Institute of Public Accountants’. This amendment provides for a change of name to the Institute. It is not usual practice to include amendments to regulations as part of a Bill, however for expediency purposes it was considered appropriate to update references to outdated terminology in the Unit Titles (Management Modules) Regulations.